Swarens: How one Indiana lawmaker fought for Ryan White then. And stands for what's right now.

Indiana is one of five states without a hate crime law with penalties, even though local police agencies are supposed to report them. Just what is a hate crime here?
Dwight Adams, dwight.adams@indystar.com

Just as he did 32 years ago at Hamilton Heights, Rep. Tony Cook has had to dispel myths about what his proposal would do.

Tony Cook had to make a decision. Would he stand against ignorance and fear? Would he choose to endure the insults that come with pushing back against hatred? Would he welcome a child who'd been shunned by another community?

It was April 1987 when Cook, principal of Hamilton Heights High at the time, learned that a young AIDS patient named Ryan White planned to attend classes at the school in the fall.

By then, White's story had made headlines around the world when his family had won a court battle to have Ryan readmitted to his middle school in Kokomo after he was diagnosed with AIDS in 1984.

Once back in school, Ryan was forced to use a separate bathroom and to eat with plastic utensils out of fear he would infect other students or staff. Some parents pulled their children out of the school. Ryan's mother said her son suffered verbal abuse and harassment because of his illness.

In high school, Ryan wanted to be treated like an ordinary student. His new principal decided to do all he could to make that goal a reality.

Along with other educators and students, Cook spent the summer teaching the community about the myths and realities of AIDS.

And when Ryan showed up for class in August, he was welcomed to the school without hesitation. Cook and others had overcome fear with facts.

Three decades later, Cook, now a Republican state representative from Cicero, has taken another stand for what he knows to be right.

Cook this time has taken the lead in the Indiana House to push passage of hate crimes legislation in a state that's one of only five in the nation to lack such legal protections against discrimination.

"I've seen the bullying that happens in schools. I've also seen what happens when the bullies become adults," Cook, an educator for 41 years, said this week. "We have a reputation and tradition in Indiana for hospitality. This legislation fits with that tradition. It would show that we don't tolerate discrimination in any way."

That's nonsense, of course. The First Amendment remains safe in the 45 states that have adopted hate crimes legislation. Citizens aren't being prosecuted for "thought crimes." No one has erased free speech.

"You can be as hateful as you want as long as you don't act out on it," Cook said. "This legislation focuses strictly on those physical crimes when people act out on their hatred."

But let's acknowledge the elephant in the Statehouse. The opposition to a hate crimes law has nothing to do with concerns about protecting the First Amendment.

Cook's bill and others like it are controversial in the General Assembly only because they include LGBT citizens among those who'd be further protected against crimes rooted in bias and hatred.

Cook knows he'd have a better chance of getting legislation passed if he would agree to strip gender identity, in particular, out of the bill. He also knows doing so would send entirely the wrong message.

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Thousands of opponents of Indiana Senate Bill 101, the Religious Freedom Restoration Act, gathered on the lawn of the Indiana State House in Indianapolis on March 28, 2015, to rally against that legislation. Then-Indiana Gov. Mike Pence faced a firestorm of criticism after signing the "religious freedom" law critics decried as anti-gay. Doug McSchooler/AP

Rihanna used expletives to describe Indiana's RFRA law during her set at the March Madness Music Festival & Coca Cola Zero Countdown held at White River State Park, Saturday April 4th, 2015. Michelle Pemberton / The Star

Gov. Mike Pence's public image has taken a serious hit, since the Religious Freedom Restoration Act debacle, according to a new poll from Howey Politics Indiana. One possible fallout for the Republican: Once considered a presidential contender, Pence may now face a stiff challenge in a re-election campaign for governor. Charlie Nye/The Star 2013 file photo

More than 150 people attended an Indiana Pastors Alliance rally in the north atrium of the Indiana Statehouse on Monday, April 27, 2015 to show opposition to the changes Indiana lawmakers made to the Religious Freedom Restoration Act that Gov. Mike Pence signed earlier this month. Charlie Nye / The Star

Jeremy Greenwood (right) and Colleen Gannon, both Indianapolis, held signs at the rally on the steps of the Statehouse in Indianapolis where several thousand opponents of Indiana’s Religious Freedom Restoration Act (RFRA) held a rally on March 28, 2015. Charlie Nye / IndyStar

Micah Clark (foreground), director of the American Family Association of Indiana, and Curt Smith, president of the Indiana Family Institute, have both filed a lawsuit seeking to have the RFRA fix declared unconstitutional. Charlie Nye/IndyStar file photo

More than 150 people attended an Indiana Pastors Alliance rally in the north atrium of the Indiana Statehouse on Monday, April 27, 2015 to show opposition to the changes Indiana lawmakers made to the Religious Freedom Restoration Act that Gov. Mike Pence signed earlier this month. Charlie Nye / The Star

Cindy Holmes, Mechanicsburg, holds up a sign at the Indiana Pastors Alliance rally in the north atrium of the Indiana Statehouse on Monday, April 27, 2015. More than 150 people showed up to express their opposition to the changes Indiana lawmakers made to the Religious Freedom Restoration Act that Gov. Mike Pence signed earlier this month. Charlie Nye / The Star

Brittney East Smith, Indianapolis, took video of the rally on the steps of the Statehouse in Indianapolis where several thousand opponents of Indiana's recently passed Religious Freedom Restoration Act (RFRA) held a rally on Saturday, March 28, 2015. Charlie Nye / The Star

Leonard Hoops, the president and CEO of Visit Indy, speaks about the fallout and comeback from RFRA, during the Visit Indy Annual Meeting at the Indiana Convention Center on Jan. 28, 2016. Michelle Pemberton / IndyStar, Michelle Pemberton / The Star

A handful of gay-rights advocates watched, and at one point interrupted the Indiana Pastors Alliance rally attended by more than 150 people in the north atrium of the Indiana Statehouse on Monday, April 27, 2015. Kim Saylor, right, next to Amanda Martin, both Indianapolis, listen to speakers at the rally called to show opposition to the changes Indiana lawmakers made to the Religious Freedom Restoration Act that Gov. Mike Pence signed earlier this month. Charlie Nye / The Star

Indianapolis Mayor Greg Ballard held a news conference outside the City-County Building on Monday, March 30, 2015 to affirm that "Indianapolis welcomes everybody," as he addressed his concerns about Indiana's recently passed RFRA and its impact on the city. "Indianapolis will not be defined by this," he said, emphatically saying it a second time, "Indianapolis will not be defined by this!" Charlie Nye / The Star

Indiana Senate Minority Leader Tim Lanane (left), Scott Pelath, Minority Leader of the Indiana House of Representatives, suggest a full repeal of Indiana’s newly signed RFRA law, during a press conference at the Indiana Statehouse, Indianapolis, Monday, Mar. 30, 2015. Robert Scheer / The Star Robert Scheer / The Star

Jackson Blanchard (center), a junior at Herron High School, and Annette Gross (right), a Carmel mother, a PFLAG member and an advocate for the lesbian, gay, bisexual and transgender community, stand with other Religous Freedom Restoration Act opponents and cheer as the City-County Council in Indianapolis passed a resolution denouncing RFRA by a 24-4 vote on March 30, 2015. Charlie Nye / The Star

Olympic gold medalist diver Greg Louganis thanks the City-County Council in Indianapolis after it passed a resolution denouncing RFRA by a 24-4 vote at its meeting on Monday, March 30, 2015. Charlie Nye / The Star

Here Chris Douglas, founding president of Indianapolis Rainbow Chamber of Commerce, addresses the media about the RFRA changes. Indiana House Speaker Brian Bosma and Senate President Pro Tem David Long addressed the media at the Statehouse that leaders will present the proposal to lawmakers at 9:30 a.m. after speaking with corporate and civic leadership this week. Matt Kryger / The Star

Indiana Senate Minority Leader Tim Lanane (left), and Scott Pelath, Minority Leader of the Indiana House of Representatives, suggested on March 30, 2015, that a full repeal of Indiana’s newly signed RFRA law was necessary. They repeated that call on Tuesday. Robert Scheer / The Star

People from the Indianapolis business sector stood behind Indianapolis Mayor Greg Ballard during his news conference addressing his concerns about Indiana's recently passed RFRA and its impact on the city. Charlie Nye / The Star

The Indiana Chamber of Commerce, the Indy Chamber and major employers such as Cummins and Eli Lilly are lobbying for approval of a hate crimes law in large part because it would erase one obstacle businesses face in recruiting talent to Indiana.

Today, an African-American chemist from Florida might pause before accepting a job with Lilly once she learns our leaders have repeatedly refused to enact a hate crimes law. She may wonder about what kind of welcome she'd receive in her new community and how prevalent discrimination is in a place that refuses to join the legal norm.

Passing a hate crimes law could ease those concerns. But if state lawmakers commit the error of omitting certain groups of citizens out of fear and ignorance they'll risk stumbling into another RFRA-type disaster.

Cook's colleagues need to ask themselves the same questions he faced 32 years ago. Will they take a stand for what's right? Will they risk criticism for embracing those who've been shunned?

Will they send an unmistakable message that Indiana is a place that welcomes and values all people from all backgrounds?

Contact Swarens at tim.swarens@indystar.com; friend him on Facebook at Tim Swarens; follow him on Twitter @tswarens.